Opinion
No. 107P23
08-30-2023
STATE of North Carolina v. Alvin Nathanael SMITH
Lisa Miles, Attorney at Law, For Smith, Alvin Nathanael. James M. Wilson, Assistant Attorney General. John F. Oates, Jr., Special Deputy Attorney General, For State of North Carolina.
Lisa Miles, Attorney at Law, For Smith, Alvin Nathanael.
James M. Wilson, Assistant Attorney General.
John F. Oates, Jr., Special Deputy Attorney General, For State of North Carolina.
ORDER
Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Defendant on the 19th of April 2023 in this matter pursuant to G.S. 7A-30, and the motion to dismiss the appeal for lack of a substantial constitutional question filed by the State, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the motion to dismiss the appeal is
"Allowed by order of the Court in conference, this the 30th of August 2023."
Upon consideration of the petition filed on the 19th of April 2023 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:
"Denied by order of the Court in conference, this the 30th of August 2023."
Earls, J. dissenting, would allow the petition for discretionary review.